When employee refuses to 'play ball': NJ court clarifies retaliation claim hurdles

An emergency medical technician (EMT) claims his employer retaliated against him in connection with the defense of a coworkers' sexual harassment lawsuit. Significantly, as a prerequisite to bringing his own retaliation case, he doesn't have to show the coworker had a good-faith basis for filing her suit, the New Jersey Appellate Division recently ruled.

Facts

In August 2012, Emiliano Rios began working as an EMT for Meadowlands Hospital Medical Center. In November 2013, coworker Heather Bailey was terminated. A few months later, she filed a sexual harassment complaint against the hospital.

Rios wasn't involved in, nor did he have any knowledge related to, Bailey's claims. Nevertheless, during the defense of her lawsuit, Rios' supervisor repeatedly told him he "needed to play ball and help the hospital," which allegedly entailed telling its lawyers that (1) Bailey had created a hostile work environment while she worked there and (2) he didn't want to come to work because of it.

Rios alleged he was further instructed to collect written complaints from coworkers making the same accusations against Bailey and file a restraining order against her. If he refused, his supervisors told him he wouldn't be considered for promotion to assistant director of the emergency medical service.